SB908 - Relating to the regulation of certain firearm transfers, to the unlawful possession or acquisition of a firearm or ammunition, and to reports of lost or stolen firearms; creating criminal offenses.

  89R6059 AJZ-D     By: Blanco S.B. No. 908       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of certain firearm transfers, to the   unlawful possession or acquisition of a firearm or ammunition, and   to reports of lost or stolen firearms; creating criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 6, Business & Commerce Code, is amended by   adding Chapter 205 to read as follows:   CHAPTER 205. REGULATION OF PRIVATE FIREARM TRANSFERS   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 205.001.  DEFINITIONS. In this chapter:                 (1)     "Firearm" has the meaning assigned by Section   46.01, Penal Code.                 (2)     "Licensed firearms dealer" means a person who is   licensed as a firearms dealer under 18 U.S.C. Section 923.   SUBCHAPTER B. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR   PRIVATE FIREARM TRANSFERS           Sec.   205.051.     NATIONAL INSTANT CRIMINAL BACKGROUND CHECK   REQUIRED FOR PRIVATE TRANSFER OF FIREARM. A person may not sell or   otherwise transfer a firearm to another person unless:                 (1)  the person is a licensed firearms dealer;                 (2)     the person sells or transfers the firearm to a   licensed firearms dealer; or                 (3)     before the firearm is delivered to the person to   whom the firearm is being sold or transferred, the person selling or   transferring the firearm delivers the firearm to a licensed   firearms dealer to retain possession of the firearm until the   dealer conducts a national instant criminal background check in the   manner required by 18 U.S.C. Section 922 and verifies that the   person to whom the firearm is being sold or transferred may lawfully   possess a firearm.           Sec.   205.052.     DUTIES OF LICENSED FIREARMS DEALER. (a) If a   licensed firearms dealer receives a firearm under Section   205.051(3), the dealer shall conduct a national instant criminal   background check in the manner required by 18 U.S.C. Section 922 to   verify that the person to whom the firearm is being sold or   transferred may lawfully possess a firearm.           (b)     If a licensed firearms dealer determines that the person   to whom the firearm is being sold or transferred may not lawfully   possess a firearm, the dealer shall return the firearm to the person   selling or transferring the firearm.           (c)     If a licensed firearms dealer determines that the person   to whom the firearm is being sold or transferred may lawfully   possess a firearm, the dealer shall transfer the firearm as   directed by the person selling or transferring the firearm.           (d)     A licensed firearms dealer to whom a firearm is   delivered under Section 205.051(3) may collect a reasonable fee   from the person who is selling or transferring the firearm.           Sec.   205.053.     EXCEPTION. This subchapter does not apply   to:                 (1)     a transfer of a firearm to a person by inheritance   or bequest on the death of the owner of the firearm; or                 (2)     a sale or other transfer of a firearm by the owner   of the firearm if the transferor and the transferee are related   within the third degree by consanguinity or within the second   degree by affinity as determined under Chapter 573, Government   Code.           Sec.   205.054.     OFFENSE. A person who violates this   subchapter commits an offense. An offense under this section is a   Class A misdemeanor.          SECTION 2.  Article 14.06(b), Code of Criminal Procedure, is   amended to read as follows:          (b)  A peace officer who is charging a person, including a   child, with committing an offense that is a Class C misdemeanor,   other than an offense under Section 49.02, Penal Code, may, instead   of taking the person before a magistrate, issue a citation to the   person that contains:                (1)  written notice of the time and place the person   must appear before a magistrate;                (2)  the name and address of the person charged;                (3)  the offense charged;                (4)  information regarding the alternatives to the full   payment of any fine or costs assessed against the person, if the   person is convicted of the offense and is unable to pay that amount;   and                (5)  the following admonishment, in boldfaced or   underlined type or in capital letters:          "If you are convicted of a misdemeanor offense involving   violence where you are or were a spouse, intimate partner, parent,   or guardian of the victim or are or were involved in another,   similar relationship with the victim, it may be unlawful for you to   possess or acquire [ purchase ] a firearm, including a handgun or   long gun, or ammunition, pursuant to federal law under 18 U.S.C.   Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you   have any questions whether these laws make it illegal for you to   possess or acquire [ purchase ] a firearm or ammunition , you should   consult an attorney. If you make a false statement to the court   under oath relating to your possession or acquisition of a firearm   or ammunition, you may be subject to prosecution for an offense   under Section 37.02, Texas Penal Code. "          SECTION 3.  Article 26.13, Code of Criminal Procedure, is   amended by adding Subsection (a-1) to read as follows:           (a-1)     Before accepting a plea of guilty or a plea of nolo   contendere, the court shall admonish the defendant by using the   following statement:           "If you are convicted of a felony offense, it may be unlawful   for you to possess or acquire a firearm, including a handgun or long   gun, or ammunition, pursuant to federal law under 18 U.S.C. Section   922(g)(1) or Section 46.04(a), Texas Penal Code. If you have any   questions whether these laws make it illegal for you to possess or   acquire a firearm or ammunition, you should consult an attorney. If   you make a false statement to the court under oath relating to your   possession or acquisition of a firearm or ammunition, you may be   subject to prosecution for an offense under Section 37.02, Texas   Penal Code."          SECTION 4.  Article 27.14(e)(1), Code of Criminal Procedure,   is amended to read as follows:          (e)(1)  Before accepting a plea of guilty or a plea of nolo   contendere by a defendant charged with a misdemeanor involving   family violence, as defined by Section 71.004, Family Code, the   court shall admonish the defendant by using the following   statement:          "If you are convicted of a misdemeanor offense involving   violence where you are or were a spouse, intimate partner, parent,   or guardian of the victim or are or were involved in another,   similar relationship with the victim, it may be unlawful for you to   possess or acquire [ purchase ] a firearm, including a handgun or   long gun, or ammunition, pursuant to federal law under 18 U.S.C.   Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you   have any questions whether these laws make it illegal for you to   possess or acquire [ purchase ] a firearm or ammunition , you should   consult an attorney. If you make a false statement to the court   under oath relating to your possession or acquisition of a firearm   or ammunition, you may be subject to prosecution for an offense   under Section 37.02, Texas Penal Code. "          SECTION 5.  Article 42.0131, Code of Criminal Procedure, is   amended to read as follows:          Art. 42.0131.  REQUIRED NOTICE REGARDING FIREARMS AND   AMMUNITION [ FOR PERSONS CONVICTED OF MISDEMEANORS INVOLVING FAMILY   VIOLENCE ]. If a person is convicted of a misdemeanor involving   family violence, as defined by Section 71.004, Family Code, or of a   felony, the court shall notify the person of the fact that :                 (1)   it is unlawful for the person to possess or acquire   [ transfer ] a firearm or ammunition ; and                 (2)     a person who makes a false statement to the court   under oath relating to the person's possession or acquisition of a   firearm or ammunition is subject to prosecution for an offense   under Section 37.02, Penal Code .          SECTION 6.  Subchapter D, Chapter 411, Government Code, is   amended by adding Section 411.0522 to read as follows:           Sec.   411.0522.     INVESTIGATION OF LICENSED FIREARMS DEALER   NOTIFICATION. (a) If the department receives a notification under   Section 46.06(e), Penal Code, from a firearms dealer licensed under   18 U.S.C. Section 923, the department shall initiate an   investigation.           (b)     If the department's investigation under this section   produces evidence that a person may have violated Section 46.06,   Penal Code, the department shall refer the case to the appropriate   local authorities for further investigation and possible   prosecution.          SECTION 7.  Subchapter A, Chapter 2002, Insurance Code, is   amended by adding Section 2002.007 to read as follows:           Sec.   2002.007.     PROOF OF LOSS FOR FIREARM COVERAGE. (a) In   this section, "personal property insurance" means insurance   against damage to or loss of tangible personal property, including   coverage provided in a homeowners insurance policy, residential   fire and allied lines insurance policy, or farm and ranch owners   insurance policy.           (b)     This section applies to each insurer that provides   personal property insurance in this state, including a county   mutual insurance company, farm mutual insurance company, Lloyd's   plan, and reciprocal or interinsurance exchange.           (c)     A personal property insurance policy that includes   firearm coverage must provide that a report of the loss or theft of   a covered firearm submitted to a peace officer or law enforcement   agency on or before the 10th day after the date the policyholder   became aware the firearm was lost or stolen is sufficient proof of   loss for the firearm.          SECTION 8.  Section 46.06, Penal Code, is amended by   amending Subsections (a) and (d) and adding Subsection (e) to read   as follows:          (a)  A person commits an offense if the person:                (1)  sells, rents, leases, loans, or gives a handgun to   any person knowing that the person to whom the handgun is to be   delivered intends to use it unlawfully or in the commission of an   unlawful act;                (2)  intentionally or knowingly sells, rents, leases,   or gives or offers to sell, rent, lease, or give to any child   younger than 18 years of age any firearm, club, or   location-restricted knife;                (3)  intentionally, knowingly, or recklessly sells a   firearm or ammunition for a firearm to any person who is   intoxicated;                (4)  knowingly sells a firearm or ammunition for a   firearm to any person who has been convicted of a felony before the   fifth anniversary of the later of the following dates:                      (A)  the person's release from confinement   following conviction of the felony; or            &# [Text truncated for display. 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